MINUTES
NEW JERSEY STATE BOARD OF ARCHITECTS
May 14, 2009
Public Session

I CALL TO ORDER

The regularly scheduled meeting of the Board was called to order at 9 am in the Union Conference Room on the third (3rd) floor at 124 Halsey Street, Newark, New Jersey.

PARTICIPANTS PRESENT ABSENT EXCUSED
President Paul DeMassi, RA (X) ( ) ( )
Vice President Diane Goté, CID ( ) ( ) (X)
Board Member Howard Horii, RA (X) ( ) ( )
Board Member Kishor Y Joshi, RA (X) ( ) ( )
Board Member Bernard Kellenyi, RA ( ) ( ) (X)
Board Member Frederick Kniesler, CLA (X) ( ) ( )
Board Member Albert Zaccone, RA (X) ( ) ( )
Board Member Vacant - Architect Member
Board Member Vacant - Government Member
Board Member Vacant - Public Member
Board Member Vacant - Public Member

OTHERS PRESENT: B. Michelle Albertson, Deputy Attorney General; James S. Hsu, Executive Director of Board of Architects; Margaret Hinkley, Secretary to Executive Director of the Board of Architects; Joseph Abello and Beverly Rankin of the Board of Architects.

ALSO PRESENT: Charles Kirk, Assistant to Executive Director of Board of Architects; Jeffrey Tandul, Chair of NJ ASLA Legislative Committee; Patricia Schiripo, Regulatory Analyst, Division of Consumer Affairs

II OPEN PUBLIC MEETINGS ACT

The statement required by Chapter 231, public laws of 1975, the "Open Public Meetings Act," was read and it was announced that notice of this meeting was prepared in the office of the Board of Architects and mailed to the Secretary of State, the Newark Star-Ledger, the Trenton Times, the Camden Courier-Post, the Record and the Atlantic City Press.

III APPROVAL OF MINUTES

April 9, 2009

ACTION: Mr. Horii motioned to approve the minutes as presented. Mr. Joshi seconded the motion. It passed unanimously.

IV ANNOUNCEMENTS

Executive Director Hsu announced the following:

– 10:30am Investigative inquiry with respondent pertaining to ITEM NO. 61651
– NCARB Resolutions will be reviewed at the June 11, 2009 meeting
– The 2007/09 renewal period will begin soon with online renewing process for all licensees.

Mr. DeMassi announced that the NCARB Annual Meeting will take place in Chicago, Illinois and that he and Mr. Zaccone will be attending the meeting.

V OLD BUSINESS

A Regulations

Draft Landscape Architect regulations for Board review.

ACTION: The Board was apprised that the Regulation Sub-Committee met on April 30th to further discuss proposed regulation 13:27-8.6 Initial licensure for New Jersey licensed architect, professional engineer, land surveyor or professional planner. The Sub-committee determined that more information was needed regarding this issue and information is being gathered for future review. Mr. Kniesler motioned to accept the changes to the proposed regulations and separately handle any rulemaking regarding the site plan rule and licensure of closely allied professionals. Mr. Joshi seconded the motion. It passed unanimously.

B Previously closed cases

ITEM NO. 57440

A. Zaccone
Respondent/s: HEYRICH, John - AI008889
Heyrich Architects
Complainant: Angela Burns
Complaint: Professional misconduct / incompetence / billing practices
Project: New Home Construction, 2 Chilton Rd, Chester Twp, NJ

Summary: Complainant hired architect to prepare plans for a new home. Complainant alleges that the architect provided plans that omitted crucial information. On June 12, subsequent to reviewing the information, the Board unanimously voted to call the complainant and the respondent in for an investigative inquiry. On July 10, 2008, the Board was informed that a letter was sent on June 13 to Mr. Waldron, attorney for Mr. Heyrich, scheduling an investigative inquiry for September 25, 2008 @ 1pm. Confirmation due by September 8, 2008. Also a letter was sent on June 13 to the complainant scheduling an investigative inquiry for September 25, 2008 @ 10:30 am. On July 24, the Board was advised that investigative inquiries for September 25, 2008 @ 10:30 am with the complainant and @ 1pm with respondent in this matter. On September 25th, the Board held an investigative inquiries with the complainant and respondent in this matter. Transcripts were not ordered for today’s inquiries. The Board discussed its concerns after the investigative inquiry with Mr. Heyrich and tabled this matter for discussion at the next meeting. On October 9, the Board unanimously voted to find insufficient evidence to take action, however, caution him on the following: (1) clearly communicate and discuss with your client all design details in your architectural plans; (2) communicate the resolution of any issue raised by third parties during the construction phase directly with your client; (3) in the event of prior architectural plans to be utilized by you, contact the original architect to ascertain if permissible to use those plans; and (4) communicate your withdrawal from a project directly with your client. On October 23, 2008, inasmuch as the letter has been sent to Mr. Heyrich, the Board closed this matter. CASE CLOSED. On November 13, 2008 the Board reviewed a letter dated October 27, 2008 from Angela Burns and voted to advise her of the standard procedure for handling consumer complaints and further provide her with the requested documents and information necessary to obtain the transcripts. On January 8, 2009, DAG Albertson informed the members present that a Notice of Appeal has been filed and she provided legal advice to the Board.

5/14/09 Copy of a cover letter dated April 15, 2009 from Angela Burns addressed to the Appellate Division Court Clerk along with a Notice of Appeal is attached for the Board’s review.

ACTION: DAG Albertson informed the members present that a Notice of Appeal has been filed and that a briefing schedule has been established by the Appellate Division.

VI NEW BUSINESS

A Regulations

Copy of adopted regulation regarding the ARE is attached for Board’s information

ACTION: Duly noted.

B Interior Design Examination and Evaluation Committee

1 April 1, 2009 minutes

ACTION: Mr. Zaccone motioned to accept the Interior Design Committee minutes as presented. Mr. Kniesler seconded the motion. It passed unanimously.

2 Application packet for Jack Ruthazer, which was forwarded from the Interior Design Examination and Evaluation Committee for the Board’s review and action.

ACTION: Subsequent to reviewing the application, Mr. Zaccone motioned to send a letter advising Mr. Ruthazer that he must submit the documents, which clearly depicts his diversified interior design services experience as previously requested by the Interior Design Evaluation and Examination Committee. Mr. Joshi seconded the motion. It passed unanimously.

C Correspondence

1 Copy of an Ask Consumer Affairs e-mail pertaining to the scope of a landscape architect’s work is attached for Board’s review.

ACTION: The Board determined to send a letter advising that she consult with her attorney regarding the new law which licenses landscape architects in New Jersey.

2 Attached is a copy of a letter dated April 22, 2009 from James R. Guerra, RA, requesting the Board’s assistance in determining if the City of Elizabeth has the right to deny an architect’s ability to sign a sewer permit for project as outlined in NJ DCA Bulletin No. 96-2.

ACTION: The Board determined to send a letter advising that the Board concurs with his understanding and copy the City of Elizabeth on the letter and also include a copy of Mr. Guerra’s letter and the DCA Bulletin.

3 Copy of an e-mail from Scott Abramowitz regarding NJ Business Registration Certificates for himself and his consultants to be included in proposals to the RFPs is attached for Board review and comment.

ACTION: The Board determined to send a letter advising that this issue is not within the Board’s jurisdiction.

4 Copy of a letter from Mondana Rezania, a reciprocal applicant for licensure, requesting the interpretations of N.J.S.A. 45:3-5 and N.J.A.C. 13:27-4.5 pertaining to license by credentials is attached for Board review and action.

ACTION: Mr. Kniesler motioned to re-affirm the administrative decision and advise Ms. Rezania that she needs to have her degree evaluated. Mr. Zaccone seconded the motion. It passed unanimously.

D Information

1 Copy of NCARB News Clips dated April 14, 2009 announcing that Iowa State University was awarded $25,000 NCARB Grand Prize for Creative Integration of Practice and Education in the Academy is attached for Board information.

ACTION: Duly noted.

2 Copy of CLARB Member Board E-news letter announcing that starting with the September 2009 administration of the multiple-choice exams, the three-day testing window is being expanded to a two-week window as well as information on the CLARB Annual meeting and other happenings at CLARB is attached for Board information.

ACTION: Duly noted.

3 Copy of a memo from Burt Liebman regarding the Periodic Report of Legislation for the Board of Architects as well as for Landscape Architects is attached for Board information.

ACTION: Duly noted.

4 NCARB News Clips dated April 28, 2009 announcing Major Improvements to the Intern Development Program is attached for Board information.

ACTION: Duly noted.

5 Copy of NCARB’s IDP 2.0 Factually Answered questions is attached for Board information.

ACTION: Duly noted.

6 Copy of an e-mail from Amanda Pica of NCARB, regarding ARE Security News Clips dated April 29, 2009 and ARE Security FAQs are attached for the Board’s information.

ACTION: Duly noted.

7 NCARB Fast Facts dated May 1, 2009 pertaining to the Intern Development Program 2.0, Architect Registration Examination (ARE) Security, 2009 NCARB Annual Meeting and Conference is attached for the Board’s information.

ACTION: Duly noted.

8 Policy and Procedures for Testing Irregularities per the NCARB Board of Directors April 2009 is attached for the Board’s information.

ACTION: Duly noted.

9 Copy of an ARE E-news exam security from NCARB regarding eight (8) ARE Candidates receive suspensions for violating confidentiality agreements is attached for Board information.

ACTION: Duly noted.

10 Copy of an e-mail from CLARB regarding the submissions for the 10th Annual Wayne Grace Student Design Competition are due by May 29th is attached for Board information.

ACTION: Duly noted.

VII REVIEW OF APPLICATIONS

A. Applications for Licensure by Credentials

The following individuals have applied for licensure by credentials, have met board requirements and are recommended for licensure:

* - NCARB Council Record Holder

Herring, David R.* Durkin, Daniel J.* Strack, James E.*
Marone, Michael T.* Cowan, Christopher T.* Fanous, George A.*
Sopourn, Robert J.* Sandord, Richard W.* Schmiedl, Bruce H.*
Urie, Thomas Bates, Clifford M. Hegedus, Robert G.
Torney, Anne M. Olsen, Keith E. Bujna, Jeffrey A.
Miller, Robert J.* Hocking, Douglas W.* Travis, Jason P.*
Panvini, Robert S. Jr.* Carpenter, Amy T.* Cassini, Mark G.*
Moon, Hyojin * Yanong, Danilo D.* Kough, Eric R.*
O’Leary, William J.*

ACTION: Mr. Joshi motioned to approve the above individuals for licensure by credentials. Mr. Horii seconded the motion. It passed unanimously.

B. Applications for Examination

The following applicant/s applied for admission to the Architectural Registration Examination and are recommended by staff:

Anthony J. Basile - PE Monica L. Gomez Jacob R. Garcia-Torres
Peter p. Ibrahim Stuart A. Johnson Mark Kinn-Gurzo
Marco T. Migliaro Scott M. Press Alexander B. Richardson
Robert Schmitz Douglas R. Schotland Nestor M Villarreal
Daniel A. Thomas

ACTION: Mr. Joshi motioned to approve the above individuals to take the ARE. Mr. Horii seconded the motion. It passed unanimously.

C Licensure by Examination

The following applicant/s have completed all Divisions of the Architectural Registration Examination and are submitted to the Board for licensure:

Christopher Campbell Ernesto Faunlagui Nehal R. Jhaveri
Marta E. Karamuz Damian A. Melo Aimee Messina
Aysegul Sabuncu John M. Scott Alejandro Zimin
Paul V. Ashworth

ACTION: Mr. Joshi motioned to approve the above individuals for licensure inasmuch as they have completed the ARE process. Mr. Zaccone seconded the motion. It passed unanimously.

D Certificate/s of Authorization

1 CPA ARCHITECTURE, LLC
Architecture
224 61st Street
West New York NJ 07093

Responsible Architect: Albert Arenciba - License #AI011204

Summary: This application for a Certificate of Authorization to offer architectural services only is submitted by a New Jersey licensed architect who owns 66.7% in business with an unlicensed individual who owns 33.3% of the shares. This application appears to comply with statutory requirements.

2 DEBARBIERI ARCHITECTS, LLC
Architecture
355 Murray Hill Parkway
East Rutherford NJ 07073

Responsible Architect: James E. DeBarbieri - License #AI007496

Summary: This application for a Certificate of Authorization to offer architectural services only is submitted by two New Jersey licensed architects who own 100% of the shares. This application appears to comply with statutory requirements.

3 HART HOWERTON, INC.
Architecture+
10 East 40th Street
New York NY 10016

Responsible Architect: A. James Tison - License #AI017096

Summary: This application for a Certificate of Authorization to offer architectural and landscape architectural services is submitted by a New Jersey licensed architect and a New Jersey licensed landscape architect who own 100% of the shares. This application appears to comply with statutory requirements.

4 GRIEVES WORRAL WRIGHT & O’HATNICK, INC.
Architecture
800 Wyman Park Drive - Ste 300
Baltimore MD 12111

Responsible Architect: Alan E. Reed - License #AI018143

Summary: This application for a Certificate of Authorization to offer architectural services only is submitted by two New Jersey licensed architects who own 75% of the shares in business with an unlicensed individual who owns 25% of the shares. This application appears to comply with statutory requirements.

5 STUDIO 222, LLC
Architecture
222 S. Morgan Street
Chicago IL 60607

Responsible Architect: Timothy J. Schmitt - License #AI018109

Summary: This application for a Certificate of Authorization to offer architectural services only is submitted by a New Jersey licensed architect who owns 100% of the shares. This application appears to comply with statutory requirements.

6 THOMAS R. BESOLD ARCHITECT, LLC
Architecture
42 Schooleys Mtn. Road
Long Valley NJ 07853

Responsible Architect: Thomas R. Besold - License #AI015466

Summary: This application for a Certificate of Authorization to offer architectural services only is submitted by a New Jersey licensed architect who owns 100% of the shares. This application appears to comply with statutory requirements.

7 W. LERMAN ARCHITECTURE, LLC
Architecture
121 Hwy 36 - Ste 200
W. Long Branch NJ 07764

Responsible Architect: Wayne M. Lerman - License #AI006077

Summary: This application for a Certificate of Authorization to offer architectural services only is submitted by a New Jersey licensed architect who owns 100% of the shares. This application appears to comply with statutory requirements.

ACTION: Mr. Joshi motioned to issue Certificates of Authorization to the above firms. Mr. Horii seconded the motion. It passed unanimously.

8 TSOI / KOBUS & ASSOCIATES, INC.
Architecture
One Brattle Square
Cambridge MA 02238-9114

Responsible Architect: Richard L. Kobus - License #AI013617

Summary: This application for a Certificate of Authorization to offer architectural services only is submitted by two New Jersey licensed architects who own 70% of the shares in business with thirteen unlicensed individuals who own 30% of the shares. This application appears to comply with statutory requirements.

ACTION: Mr. Joshi motioned to request the correct number of shares be corrected. Upon receipt of the new information, the Board will re-review the application. Mr. Kniesler seconded the motion. It passed unanimously.

E Home Inspector Applications

The following individual has applied for a home inspectors license, have met board requirements and are recommended for licensure:

William A. Sadi

ACTION: Mr. Joshi motioned to approve this application and refer this applicant to the Home Inspector Committee for licensure. Mr. Zaccone seconded the motion. It passed unanimously.

VIII LANDSCAPE ARCHITECT APPLICATION REVIEW

A Initial License by examination:

The following individual submits a completed applications for licensure inasmuch he has already completed the Landscape Architect Registration Examination (LARE) and is recommended for licensure.

DeHuff, Celia Venin, Lauren Hilty, Megan

ACTION: Mr. Kniesler motioned to suspend the New Jersey test requirement and approve the above individuals for licensure. Mr. Zaccone seconded the motion. It passed unanimously.

B Licensure without examination:

The following individuals submit completed applications for licensure without examination and are recommended for licensure.

Hamilton, Kevin G. Buss, Thomas C. Gotthelf, William
Olsen, Douglas Maloney, Robert

ACTION: Mr. Kniesler motioned to suspend the New Jersey test requirement and approve the above individuals for licensure. Mr. Zaccone seconded the motion. It passed unanimously.

IX PUBLIC COMMENTS

Jeffrey Tandul of NJ ASLA was present for the Board’s discussion of the draft landscape architect regulation on today’s agenda.

X CLOSED CASES

ITEM NO. 63419 - WRIGHT, Jack - Unlicensed

ACTION: Mr. Zaccone motioned to accept the responses and close out this matter. Mr. Joshi seconded the motion. It passed unanimously. CASE CLOSED.

XI EXECUTIVE SESSION

At 10:28am Mr. Horii motioned to go into executive session for the purposes of approving the minutes and discussing the disciplinary matters on the agenda. Mr. Joshi seconded the motion. It passed unanimously.

XI NEXT MEETINGS

June 11, 2009 Regular Meeting
Union Room - 3rd Floor

July 9, 2009 Regular Meeting
Union Room - 3rd Floor

Investigative inquiry pertaining to ITEM No. 62847 - 10:30am
Investigative inquiry pertaining to ITEM No. 62847 - 1:00pm

XII ADJOURNMENT

At 1:50pm, Mr. Zaccone motioned to adjourn the board meeting. Mr. Kniesler seconded the motion. It passed unanimously.

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